Did you recently take on (or consider) a loan of 84 months or longer on a car purchase?
A reporter would like to speak with you about your experience; please reach out to PR@Edmunds.com by 7/25 for details.
A reporter would like to speak with you about your experience; please reach out to PR@Edmunds.com by 7/25 for details.
Options
Comments
Now, what DOES depend is who is at fault, if you are a fault state like Georgia...if she was speeding and you were in the clear and she struck you, you should not have to pay for her damages...BUT, that may not stop her from filing suit against you...just the fact that you were an uninsured driver does not mean you were at fault, altho in GA you would have been cited for unauthorized driving w/o insurance, which carries a $500-1000 fine...
Make sure you have the names of all of the witnesses, addresses and phone numbers, because you may have to subpoena them at a possible trial...if you can convince a judge (I am assuming magistrate court with a judge and no jury) that she was at fault, I assume that will absolve you of liability...you may also subpoena the police officer who may also be a witness for what he/she saw after the wreck...
If you lose, you will be responsible to pay for her car and her injuries if any...
You are the perfect example of why folks should never drive w/o insurance...because when it is only a one in a million chance of something going wrong, Murphy's Law says it will...the money you "saved" by not putting you on the policy will now be offset by the thousands you may have to pay for the other driver, if you lose...
I am amazed at the things folks do to save money on insurance, and then get dunned because they have a wreck, whcih is the exact reason why all drivers should be insured, or else never get behind the wheel if you are not insured...
There is also a SLIM chance that you may be covered by the policy, but do not hold your breath...there is a legal concept called "permissive use", which says, if I give permission to my friend to use my car, (meaning, they did not steal my keys), they are insured by my policy for the full limits, even tho they are not ON my policy...since she gave permission to use the car, you MAY be covered under permissive use, but the problem will be if you were a "specifically excluded" driver, then that concept may not work for you...
Good luck, and let this serve as a lesson for the future...do not repeat this incident again...
Thanks for the insight, but no thanks on the sarcasm.
I've always said, once you injure or cause damage without financial ability to pay--lose you license for life in Ohio.
2014 Malibu 2LT, 2015 Cruze 2LT,
Anyway, good luck.
Bill
But thank you for your opinion on this.
As far as the poor explanation by the insurance, a little common sense is required...if you lower your premium by not listing a specific driver, does it make sense to allow that driver to drive the car, even down to the local store???...since accidents can happen as close to your home or driveway, the thought of "I'll just be driving down the block" is either lame or ignorant, take your choice...
If what you said was true, and you were excluded, then you broke the law by driving, and could have caused someone severe damage with no ability to pay for damages that might be the cause of your driving...that is a risk you should not be so cavalier about taking with the rest of us...and yes, I wish I could say that to EVERYONE who is uninsured, because if everyone shouldered their responsibility and carried insurance, I could lower my premium by dropping my uninsured motorists coverage... because of folks like you, it costs me hundreds of dollars every year to keep UM coverage...
Since you've already been sufficiently judged -- and rightfully so -- I'll only chime in briefly.
Depending on the state you reside -- and hopefully that is North Carolina -- you may not owe for all of the other parties damages. While you will be hard pressed to put the majority of fault on the other driver, you may be able to put some. The problem is, if you had insurance your carrier would negotiate the liability for you -- you have no carrier however thus they cannot.
However, generally the backing party has the greater duty and in no way imaginable from what you described would you have the right-of-way.
To the North Carolina thing. Some states have what is called Contributory Negligence laws. What this means is that if the you hold even 1 percent negligence in the accident, you cannot collect damages from the other party ... you should hope for this, but it is rare -- maybe 2 states have Contrib.
Otherwise you should probably just get a second job and start saving money -- you will owe if you were excluded on the owners policy ... period.
The lesson to take away from this is threefold.
1. always purchase insurance for yourself
2. always read what you sign.
3. consult an agent or insurance professional when purchasing your insurance.
Speaking of which, do you have insurance now???
No, I do not live in North Carolina. I'm on the West Coast. And by our laws and what the police say I did have the right-of-way.
Thanks for your opinion though and yes I now have insurance.
My guess is that the police officer didn't know at the time, of your exclusion on the policy. All they care about is that there is a valid policy on the car at the time of the accident.
The officer DID know as well.
Tainted ... good that you have insurance currently.
Something that you should understand about the police ... even in Califiornia ... they do not make liability decisions. Their report of the scene and events will assist another insurance company in making one, but an officer telling you that you had the right of way does not absolve you of liability.
Maybe you should go into -- if you want -- more detail regarding the accident, maybe I simply don't understand the facts surrounding this accident.
tainted, one thing to remember is that the police officer does NOT arbitrate the law or regulate insurance company policies. The fact that he knew you didn't have insurance but had permission to drive, and said it was OK doesn't mean a durn thing - he doesn't get to decide whether the insurance company will pay or not. It simply means that you may not have been issued a ticket for failure to provide proof of insurance.
I'm sorry about the accident, truly. But please also do not assume that we are all more wealthy than you and are thus judging you on your inability to pay for auto insurance - it is simply a fact that it is not legal to drive without insurance, a fact of which I'm sure you are now fully aware. I do hope that the resolution is not too damaging to you, but I don't think there's any way for us to give you that assurance.
MODERATOR /ADMINISTRATOR
Find me at kirstie_h@edmunds.com - or send a private message by clicking on my name.
2015 Kia Soul, 2021 Subaru Forester (kirstie_h), 2024 GMC Sierra 1500 (mr. kirstie_h)
Review your vehicle
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
Several years ago I was driving a friend's car, misjudged its width on a very narrow street with cars parked on both sides and scraped up the passenger side of the car.
I tried to get my insurance to pay for it so it wouldn't go on her insurance record, but they said, just as you are saying, the insurance follows the car, not the driver. Her insurance did end up covering it.
Well, the way I see it, and the way it would work here in my state, to the best of my knowledge, your son would not have "coverage" persay, but just be a driver in your household without his own insurance. When he goes away, you let them know that he is no longer in your household. When he comes back to visit ... hell, i wouldn't tell them anything. Going back to the messages Pat and I recently posted, he would merely be a visitor borrowing your car.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
Liability insurance follows the car so when you loan your car, you are by law, also loaning your insurance and insurance record. This is Primary liability coverage.
If you borrow another vehicle, not scheduled in any policy, your Liability coverage on your vehicle would apply as Secondary coverage.
My cars are some of the items I never loan.
Assuming the other driver wants under $100 for the repair, should I still call my insurance company to report the incident, even though I'm not making a claim? I don't want to get them involved if I don't need to, and I don't want them to call the other driver or their insurance company (would Progressive do this if I'm not making a claim?), it might mess up our current arrangement. But if they do end up filing a claim, I'm worried about getting in trouble for not reporting the incident.
Thanks in advance,
Tony
I wonder if getting a release from the other driver would help? Maybe at least as for an informal note that the damages are taken care of? Or even noting on the check in the Memo space? Of course, you don't want to anger the other driver and mess up your arrangement.
Even if you draft it up and just have them sign it.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
This same vehicle was in an accident about 10 months ago, which was repaired by my insurance company. That wreck had severe damage ($15k, new front frame section, every body panel repaired, etc)
My question, this collision will most likely be upwards of $8-10k. Will the insurance company take into consideration the previous damage and repairs to the auto? The entire front end will need replaced, again, along with another new front frame section.
I just don't see it being a good business decision to spend $25k in one year repairing a $15k car. However, State Farm might see things differently.
Anyone had a similar experience???
they already spent the $15k. That money is gone and they aren't getting it back.
If the vehicle is seriously worth $15k now, why would they possibly want to cut you a check for $15k when they can cut the body shop a check for $10k? How is that a good business decision?
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
Just wanted some advice on what to do or expect as far as my insurance rates? I have just been hit with an increase in insurance from 680 to $1100 for 6 months. I live in New Haven CT, and drive a 1993 Infiniti G20- am insured with USAA and am carrying comprehensive and collision on the car. I had an at fault accident on the highway in Oct. 2005, where I rear ended someone at low speeds and did body damage to my car, his car and possibly another car ahead of his as well. I am unsure what USAA ended up paying out, it was about $1500 for my car after deductible.
Prior to that incident, in Jan. 2004 I had a one car accident with a guardrail on a highway onramp in the snow which was a USAA claim of around $2000.
Prior to that in around Nov. 2002 or so I was cited for running a red light which I did not contest thought I thought it was yellow at the time I entered the intersection. This was a no points citation; it showed up on my record from USAA after that, but no longer does anymore, so I am not sure if it has moved off my record.
So for now my plan is to drop Collision and Comprehensive on my car which I probably should have done long ago, which will save me around $400 every 6 months. I was just wondering when (if ever) I could expect my rates to get better again? Is there any hope when the first accident becomes over 3 years old of a rate adjustment?
I have tried getting quotes from Geico and Progessive and others and USAA is cheaper by about 1/3rd. Also, from what the body shop people and others have told me, USAA is an excellent insurance company so I don't really want to leave. My claims experience has been fine.
Turboshadow
SO, what I would at the very least do is either write a check and get a receipt as to what its for. I think that should stand up pretty well if they ever make a claim to your insurance company. You certainly need SOMETHING to prove you satisfied the claim out of your own pocket.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
His ins co was great as far as paying for the damage, but they did ask me each time I talked to them if I had any injuries, and they didn't ask me to sign a release. One of our conversations was recorded, which they told me about beforehand.
That was enough for me. You could always take a friend with you as a witness when you give him a check for the damage, also making sure you ask him that there are no injuries.
Less than two months later my wife gets hit in a parking lot and the other guy is nice enough to leave a note on the windshield before leaving. I offer him the chance to pay it himself but, no, he preferred to have his insurer pay the $750 in damages. I thought he was a damned fool who'll pay far more in increased premiums.
What would you do in this situation (with the info you have)?
I called my Insurance agent,who said she is going to be sending over a Claims Investigator sometime this week,who will appraise my car for damages. But she let me know that they *might* have to write off the car as a Totalled one,since the cost of replacing the Air-bag system means having to replace the entire dash-board,which is really expensive. But she also said,since its a high-end luxury model,they might be able to repair it.
This is my first car,and sadly,I have had it only for 21 days. I got the car for $14k out-the-door from a dealership. The car was in excellent condition prior to this accident,single-owner,duly serviced and maintained at a Lexus dealership. It has 75600 miles on it. The damage is mostly to the front end,and the windshield is cracked,and there are hits and dents on the top and trunk as well,where the light-pole fell over. The front-bumper is completely broken.
What I want to know is,what should I do when I meet with the Claims Adjustor ? Do you think the car can be repaired ? If its going to be totalled,what can I expect to receive from my insurance companies ? And finally,how is it going to affect my premium ?
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
Worst case scenario, you give all the info to your insurance company and let them go after the offending party.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
turned out i lost in small claims court...
if i decide not to collect the check and fix it out of pocket, will my insurance go up even though no claim was paid?
i'm in nj with allstate... they said no, but i'm not too confident about that...
perhaps just better to collect the check since my ins. co knows about the accident anyway...
thanks.
My hubby was in a 3 car collision on 28Apr. I will explain without bias.
4 lane highway. 2 lanes in each direction. The roads were clear, no rain in a week. The sun was out shining. It was rush hour around 8am. City bus is stopping in right hand lane at its normal bus stop route. My hubby is traveling in left lane. A Honda Pilot is in front of him. The driver of the Honda just stops the car alongside the city bus. There is no pedestrian signal nor is it an intersection and there was no need for her to stop. My hubby did say that the road where the bus stopped looks like a pedestrian walk path but there is no light there and it is quite dangerous to cross there because it is a major busy highway. My hubby saw the car stopped in front of him and he stopped behind her, not hitting the Honda. A driver of gas propane truck hit my hubby's Toyota Tacoma truck and that pushed his truck into the Honda who was stupid to stop in the first place and his vehicle sustained the worst damage being smashed in front and back. Everyone had insurance and the police officer at the scene did not write it up as a case saying it was a straight collision and no one was injured (other than whiplash type of injuries).
My hubby makes his livelihood from his truck (does flooring) and he missed work that Friday and then that following Monday. He did go to an Immediate care center and was told he has whiplash and now he is starting to feel upper back/lower back aches. We did ask for a PIP's request from our insurance company.
OK. The police officer wrote a citation to the gas/propane truck driver but not to the driver of the Honda because the driver stipulated they stopped for safety as they could not see safely. DUH!!!!!!!! :mad: No one can see beyond a city bus!!!! Again, there was no need to stop. I called the city bus dept. and tried to see if the driver saw anything, no one reported anything.
Here is our dilemma: 1) Driver of Honda has Allstate insurance. An agent called my hubby to get a statement from him. The rep told my hubby that he was not at fault. What kind of settlement should we go after from that drivers insurance, if any? They should get fined big time for their stupidity! My hubby said he wanted to ring that drivers neck after he made sure they were OK at the collision/accident scene. 2) What about the gas/propane truck company (Liberty Mutual is the insurance carrier), are they the ones mainly to be responsible for most of the damages incurred?
We did go see an auto accident attorney just to make sure we know our rights. He felt we could do it ourselves as it was a straight case but he told us if we were having problems to call him. We are very concerned because my hubby's Toyota Tacoma (1998) are very hard to find. We were advised to copy ads in the newspaper for the same truck/mileage and be prepared for the adjuster of the insurance company who will settle for a low dollar amount. The thing is my hubby needs a truck to continue working (we have a rental now) and his Tacoma was outfitted exactly as he needed for his work. He is beyond stressed! :sick:
Can someone please help us with thoughts about what to do next?
Almost the same thing happenned to a co-worker. Going through the epass lane someone stopped because they realized too late they didn't have an epass. Even though there are signs all over that say DON'T STOP. My co-worker rear ended them and was ticketed for following too closely and her ins co paid out.
Don't waste your time with Allstate, but concentrate on Liberty Mutual. Your attorney has given you good advice. Go get a new truck for hubby's business. And make sure Liberty Mutual pays for all his lost work, rental fees, value of his old truck, and pain & suffering for the whiplash (if possible). Here in Florida, there must be some kind of permanent injury to collect pain & suffering.
Good luck and let us know how things turn out.
Seven months later I receive a letter from my insurance company that the man my wife hit has hired a lawyer and is trying to settle for almost double my insurance limit of $20K. ($37K). At this point what are the chances that this will be settled below the $20K limit especially if the man never took an ambulance and walked home unassisted. I have 3 witness statements already drafted that witness that he did in fact walk home and only presented a limp when the police were around.
Bottom line, what are my rights and has anybody ever been in this situation before? Thanks.
With a bigger injury, like a broken bone, a lawyer would ask for more than $37K. No way insurance company will pay more than the $20K limit, though. Then the insurance co will turn on your wife and you and will get most of the money back through insurance increases.
The victim can sue your wife for the balance, but he hardly will do it if you do not look substantially rich, own an expensive home and/or cars, are a doctor, or own a successful business... Legal proceedings and judgment collections are big headaches, not to mention the lawyer fees and other expenses.
This is not one of my favorite topics; it's sometimes quite painful to read and to make decisions based on the information.
However: I just got my umbrella policy in place, $1 M on the advice of my agent, for a lousy $161/year.
Given some of the posts I've read here, that's a pretty good deal for peace of mind.
Thanks a lot,
-Mathias
I was in an accident over the weekend and my car sustained heavy damage. Both my girlfriend and my friend's wife had to be taken to the hospital. My girlfriend got taken in an ambulence. My car is an older car ('92 Acura) so most likely the cost to repair will be more than the car's value and it will be totaled. The other driver was found to be at fault and given a citation.
Insurance companies:
I have full coverage on my car so I contacted my insurance company (Geico) and gave them the details of the accident. I didn't have coverage for a rental car so now I'm without any transportation. They said that I could file a claim through them but that it may take several months before I get fully reimbursed. They also said that I could alternatively file a claim directly through the other guy's insurance company (Allstate) and that Allstate would be required to give me a rental car. However, the adjuster at Geico said that if I file with Allstate then Geico will not be involved with anything regarding this accident. This worries me because I've heard Allstate is difficult to settle with and I will not have any support unless I hire an attorney.
What do you suggest I do in this case? I'm not in urgent need of any money but it would help to have a rental car. I'm worried that if I wait too long to call Allstate that they won't take my case seriously. Should I go it alone againt Allstate or go through subrigation with Geico?
there was no need for her to stop.
the Honda who was stupid to stop in the first place
DUH!!!!!!!! No one can see beyond a city bus!!!!
They should get fined big time for their stupidity
he wanted to ring that drivers neck
And the above report was w/o bias???
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S